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2025 DAILYLAW 180378 (ALL)

LALA BAHIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/10654/2025 · 2025-11-19

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10654 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that the applicant, who is named in the F.I.R has demanded bribe from the complainant. It is alleged that the applicant has accepted the bribe from the complainant and in the trap, Rs. 8,000/- are said to have been recovered. 3. Learned counsel for the applicant submits that the applicant is a government servant and he is innocent. He has no criminal antecedents and is languishing in jail since 07.06.2025. He further submits that the chargesheet in the case has been filed. The offences are punishable upto maximum period of 7 years and no purpose would be solved in keeping the applicant behind the bars. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail i.e. since 07.06.2025; as also the fact that the applicant is a government servant and has no previous Versus Counsel for Applicant(s) : Sanjay Pandey Counsel for Opposite Party(s) : G.A. Lala Bahiya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) criminal history; the fact that the chargesheet has been filed; the fact that the offence is punishable upto a maximum period of seven years; as also the fact that there is no independent witness of the said recovery and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Lala Bahiya, involved in Case Crime/FIR No. 0001 of 2025, Under Section 7 of Prevention of Corruption Act, 1988, Police Station- Tindwari, District- Banda, A.C.O, U.P, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. 9. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 19, 2025 DiVYa BAIL No. 10654 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench